1. The Defendant (Counterclaim Plaintiff) paid KRW 113,64,500 to the Plaintiff (Counterclaim Defendant) and its related amount from June 24, 2015 to November 24, 2017.

1. Basic facts

A. On April 17, 2012, the Plaintiffs entered into a contract with the Defendant on April 17, 2012 regarding the construction of a housing complex for electric power resource (hereinafter “instant construction”) with the Chungcheongnam-gun, Chungcheong-gun, for the construction period from April 2012 to April 2013, and the contract amount was KRW 660 million (including additional tax) and paid KRW 100 million to the Defendant.

B. Since then, the Plaintiffs and the Defendant agreed to modify the contract term and contract amount of the said contract, and on May 1, 2012, the commencement date of the instant construction works on May 1, 2012, and on April 30, 2013, the completion date of the instant construction works is the date of commencement, the contract amount is KRW 70 million (including additional taxes), the contract amount is KRW 770 million (including additional taxes), and the delayed payment rate is 0.01% (hereinafter “instant contract”) and paid additional KRW 100 million to the Defendant for construction payment.

On the other hand, the main contents of the general terms of the contract for private construction works incorporated into the contract of this case are as follows.

(hereinafter referred to as “A”, and Article 16 (Extension of Construction Period) (1) Where the execution of construction is delayed due to a cause not attributable to “B”, such as a natural disaster or force majeure, and a failure in the supply and demand of raw materials, etc., where it is considerably difficult to perform the construction work due to a cause not attributable to “B”, “B” may request “A” to extend the construction period in writing.

(2) Where a request is made for extension of the contract period under paragraph (1), A shall promptly investigate and confirm such fact and take necessary measures, such as extension of the contract period, so that the construction work may be performed appropriately.

(4) Where A has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the extended period.

Article 27 (Compensation for Delay) (1) In the event that construction work has not been completed within the deadline for completion, Eul shall pay Gap the amount calculated by multiplying the contract price by the rate of the compensation for delay in the contract (hereinafter referred to as "compensation for delay") for each number of days immediately.